JUDGMENT

(Prayer: Appeal Suit filed under Order 41 Rule 1 and Section 96 of the Code of Civil Procedure, to set aside the judgment and decree dated 20.04.2011 passed in O.S.No.44 of 2004 on the file of the Principal District Court, Pudukottai by allowing this first appeal.)

1. This Appeal Suit has been preferred challenging the judgment and decree dated 20.04.2011 passed in O.S.No.44 of 2004 on the file of the Principal District Court, Pudukottai.

2. The appellants are the plaintiffs in O.S.No.44 of 2011, on the file of the learned principal District Court, Pudukottai. The respondents are the defendants in the said suit. The appellants/plaintiffs filed the suit against the respondents/defendants for partition and separate possession of their ½ share in the plaint schedule properties by metes and bounds. After trial, the trial Court dismissed the suit. Challenging the said judgment and decree, the appellants/plaintiffs filed the present appeal before this Court.

3. The averments made in the plaint, in brief, are as follows:-

The suit properties and other properties originally belonged to the first defendant and his brother – Muthaiah Thevar, being Hindu joint family properties. T